Penal Code section 290 requires mandatory registration as a sex offender for persons convicted of the sex offenses listed in that section. Even if the offense is not listed in section 290, the person may be ordered by a court to register as a sex offender if the criminal offense committed was sexually motivated. Section 290 applies automatically to the enumerated offenses, and imposes on each person convicted a lifelong obligation to register.

There are a few of options for those who have been convicted of some of the criminal offenses for which Penal Code section 290 requires registration. There is also a way for deserving people to end the stigma and embarrassment of having their information appear the sex offender web site.

California PC 290 Sex Offender Registration Termination Benefits

If it is expunged, the case is reopened and dismissed. You will no longer have to disclose to private employers that you have a conviction. A person who performs a criminal background check will see that there was a case dismissed and no finding of guilt.

However, expungement does not relieve a person of the requirement to register as a sex offender; only a certificate of rehabilitation can do that. Those who have committed a sex crime and who have successfully completed probation may apply to have the offense expunged under Penal Code section 1203.4, but expungement does not relieve the person from the duty to register as a sex offender. See Penal Code section 290(a)(2)(F).

California PC 290 Sex Offender Registration Termination Requirements

Penal Code section 290.5 states that if the conviction was for something OTHER than one of the offenses listed below (per section 290.5 (a)(1), a certificate of rehabilitation can be requested and the requirement to register as a sex offender can be removed if the person is not in custody, on parole, or on probation. Offenses listed below would require a pardon from the governor to relieve the requirement to register under Section 290.

Section 207 or 209 committed with the intent to violate Section 261 (rape), 286 (sodomy), 288 (lewd or lascivious act with specified classes), 288a, or 289 (sexual penetration against the will of another).

Section 220 (except assault to commit mayhem).

Section 243.4 (touching of an unlawfully restrained person for purposes of sexual arousal, provided that the offense is a felony.

Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289 (sexual penetration against the will of another), provided that the offense is a felony. (Important: Recordgone.com can reduce felony charges to misdemeanors).

Subdivision (i) or (j) of Section 289 (sexual penetration against the will of another).

Section 647.6 (formerly 647(a)) (annoys or molests child under 18), if prosecuted as a felony.

The attempted commission of any of the offenses listed above. The statutory predecessor of any of the offenses specified in this paragraph. Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.

(b) (1) Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6

California PC 290 Sex Offender Registration Termination Law

(a) (1) A person required to register under Section 290 for
an offense not listed in paragraph (2), upon obtaining a certificate
of rehabilitation under Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3, shall be relieved of any further duty to
register under Section 290 if he or she is not in custody, on parole,
or on probation.
(2) A person required to register under Section 290, upon
obtaining a certificate of rehabilitation under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3, shall not be
relieved of the duty to register under Section 290, or of the duty to
register under Section 290 for any offense subject to that section
of which he or she is convicted in the future, if his or her
conviction is for one of the following offenses:
(A) Section 207 or 209 committed with the intent to violate
Section 261, 286, 288, 288a, or 289.
(B) Section 220, except assault to commit mayhem.
(C) Section 243.4, provided that the offense is a felony.
(D) Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of
Section 261.
(E) Section 264.1.
(F) Section 266, provided that the offense is a felony.
(G) Section 266c, provided that the offense is a felony.
(H) Section 266j.
(I) Section 267.
(J) Section 269.
(K) Paragraph (1) of subdivision (b) of Section 286, provided that
the offense is a felony.
(L) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),
(f), (g), (i), (j), or (k) of, Section 286.
(M) Section 288.
(N) Paragraph (1) of subdivision (b) of Section 288a, provided
that the offense is a felony.
(O) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),
(f), (g), (i), (j), or (k) of, Section 288a.
(P) Section 288.5.
(Q) Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony.
(R) Subdivision (i) or (j) of Section 289.
(S) Section 647.6.
(T) The attempted commission of any of the offenses specified in
this paragraph.
(U) The statutory predecessor of any of the offenses specified in
this paragraph.
(V) Any offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses specified
in this paragraph.
(b) (1) Except as provided in paragraphs (2) and (3), a person
described in paragraph (2) of subdivision (a) shall not be relieved
of the duty to register until that person has obtained a full pardon
as provided in Chapter 1 (commencing with Section 4800) or Chapter 3
(commencing with Section 4850) of Title 6 of Part 3.
(2) This subdivision does not apply to misdemeanor violations of
Section 647.6.
(3) The court, upon granting a petition for a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3, if the petition was granted prior to
January 1, 1998, may relieve a person of the duty to register under
Section 290 for a violation of Section 288 or 288.5, provided that
the person was granted probation pursuant to subdivision (c) of
Section 1203.066, has complied with the provisions of Section 290 for
a continuous period of at least 10 years immediately preceding the
filing of the petition, and has not been convicted of a felony during
that period.

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